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24010
AGREEMENT INFORMATION AGREEMENT NUMBER 24010 NAME/TYPE OF AGREEMENT MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORP DESCRIPTION ANTI -POVERTY INITIATIVE FUNDING AGREEMENT/MLK KITCHEN INCUBATOR & COMMUNITY BANQUET HALUFILE ID: 11286/R-22-0023/MATTER ID: 22-1427/#73 EFFECTIVE DATE July 7, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/7/2022 DATE RECEIVED FROM ISSUING DEPT. 8/15/2022 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Grants Administration DEPT. CONTACT PERSON: Malissa T. Sutherland EXT. 1005 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Martin Luther King Economic Development Corporation IS THIS AGREEMENT A RESULT OF A CONIPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: $ 347,000 FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) API ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): The attached API Agreement is being routed for review/signature. The API allocation from District 5 Martin Luther King Economic Development Corporation for $347,000. COMMISSION APPROVAL DATE: 1 / 13 / 22 FILE ID: 11286 ENACTMENT NO.: R-22-0023 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: 4.:(1,()D ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 6/16/22 PRINT:LILLIAN BLONDET SIGNATURE: =il/».r- SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGET PRINT:MARIE GOUIN SIGNATURE: SUBMITTED TO RISK MANAGEMENT PRINT: ANNISOMAI,VRINSJIy signed by Gomez, Frank SIGNATURE: Frank Dia52:01-2.06.17 11:2:0104'00' SUBMITTED TO CITY ATTORNEY Matter ID: 22-1427 D.J.G. 6/28/22 PRINT:. VICTORIA MENDEZ SIG APPROVAL BY ASSISTANT CITY MANAGER P T. O sarr UR () SIGNAT RECEIVED BY CITY MANAGER PRINT: ART R NO A V SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI ANTI -POVERTY INITIATIVE FUNDING AGREEMENT This ANTI -POVERTY INITIATIVE AGREEMENT ("Agreement") is entered into this —7-4-11 day of T - t , 20 22by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and 4fuc:in Luther King L'cunomic Uevclupmcm Cum , a Florida not for profit corporation, located at 6114 NW 7th Avenue, Miami Fl 33127 ("RECIPIENT"). The CITY and the RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." WHEREAS, the City created the Anti -Poverty Initiative ("API") to address poverty based on a strategy of focusing the provision of support towards the City's residents achieving self- sufficiency; and WHEREAS, the RECIPIENT submitted a Request for API Funding to the City; and WHEREAS, the CITY adopted Resolution No. R- 22 _ 0023 on January 13 20 22 wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of Three Hundred Forty Seven Thousand dollars ($ 347,000 .00) ("Funds"), attached and incorporated as Exhibit "A", as applicable; and WHEREAS, the CITY agrees to enter into this Agreement with the RECIPIENT to set forth the terms and conditions relating to the use of the Funds by the RECIPIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on January 13 , 2022 and shall continue until January 13 , 2024. 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and RECEIPIENT'S compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the RECIPIENT the Funds to be used for the purpose(s), program(s), initiative(s), and activity(ies) (as defined in Exhibit "B"), and as disbursed in the manner hereinafter provided. Page 1 City of Miami API Funding Agreement Martin Luther King Economic Development Corp 4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the Scope of Work, attached and incorporated herein as Exhibit "B" and the Budget, attached and incorporated herein as Exhibit "C" submitted by the RECIPIENT to the CITY. DISBURSEMENT OF FUNDS: A. The CITY shall provide Funds to the RECIPIENT in the not to exceed amount of Three Hundred Forty Seven Thousand dollars ($ 347,000 .00). B. Payment shall be made in accordance with the schedule as set forth in Composite Exhibit "D". C. The RECIPIENT shall provide the CITY with a City of Miami Request for Payment Form attached and incorporated as Composite Exhibit "D" prior to any disbursement of funds by the CITY. Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a valid and executed W9 form and completed City of Miami Supplier Direct Deposit (ACH) Authorization Form, as applicable. D. The RECIPIENT shalt provide the CITY with Progress Reports, Project CompletionForm and a Close -Out Report, in similar format as Exhibit "F", at the end of the program, summarizing the activities for the construction of the Kitchen Incubator and Community Dining Hall Program as described in the Scope of Work as Exhibit "B" and included in the Budget as Exhibit "C". 5. COMPLIANCE WITH POLICIES AND PROCEDURES: RECIPIENT understands that the use of the Funds is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities being funded by the API Funds for the Scope of Work. RECIPIENT covenants and agrees to comply with such requirements, and represents and warrants to the CITY that the Funds shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting of the foregoing, RECIPIENT represents and warrants that it will comply with, and the Funds will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 6. RECORDS, INSPECTIONS, REPORTS/AUDITS AND EVALUATION: To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as being incorporated by reference herein and additionally apply to this Agreement. The CITY shall have the right to conduct audits of RECIPIEN1P£g2ords pertaining to the Funds and that City of Miami API Funding Agreement Martin Luther King Economic Development Corp reasonable times, and for a period of up to three (3) years following the termination of this Agreement, audit, or cause to be audited, those books and records of the RECIPIENT which are related to RECIPIENT'S performance under this Agreement. RECIPIENT agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. The CITY may also, and the RECIPIENT shall permit, the CITY and other persons duly authorized by the CITY to inspect all Agreement records, facilities, goods, and activities of the RECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the RECIPIENT as requested by the CITY. At the request of the CITY, the RECIPIENT shall transmit to the CITY written statements of the RECIPIENT's official policies on specified issues relating to the RECIPIENT's activities. RECIPIENT understands, acknowledges, and agrees that: a) b) c) d) The CITY must meet certain record keeping and reporting requirements with regard to the Funds and that in order to enable the CITY to comply with its record keeping and reporting requirements, RECIPIENT shall maintain all records as required by the CITY; and At the CITY's request, and no later than thirty (30) days thereafter, RECIPIENT shall deliver to the CITY such reports and written statements relating to the use of the Funds as the CITY may require from time to time; and All costs and expenses of the activities described in Exhibit "C" shall be at actual cost with no markups; and RECIPIENT'S failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CITY of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CITY and the immediate reimbursement to the CITY of any and all funds or amounts disbursed pursuant to this Agreement. RECIPIENT represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent in the payment of any sums due to the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; and (iii) all personnel assigned to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each. Page 3 City of Miami API Funding Agreement Martin Luther King Economic Development Corp Any inconsistent, incomplete, or inadequate information, either received by the CITY or obtained by the CITY, shall constitute cause for the CITY to terminate this Agreement. 7. AWARD OF AGREEMENT; RECIPIENT represents and warrants to the CITY that it has not employed or retained any person or company employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. CONIPIAANCT WITH FEDERAL —STATE ANI) LOCAL LAWS: RECIPIENT understands that agreements between private entities and local governments are subject to certain laws, codes, rules and regulations, including, without limitation, laws pertaining to public records, conflict of interest, record keeping, etc. The Parties agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 9. INDENINIF1CATJON: RECIPIENT shall indemnify, defend and hold harmless the CITY and its officials, employees (collectively referred to as "Indemnitees") and each of them from and against all toss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of RECIPIENT or its employees or subcontractors (collectively referred to as "RECIPIENT") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of any of them, or (ii) the failure of the RECIPIENT to comply materially with any of the requirements herein, or the failure of the RECIPIENT to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the CITY, its officials and/or employees were negligent. RECIPIENT expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of RECIPIENT, or any of its subcontractors, as provided above, for which the RECIPIENT's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. RECIPIENT further agrees to indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities Page 4 City of Miami API Funding Agreement Martin Luther King Economic Development Corp imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to RECIPIENT's negligent performance under this Agreement, compliance with which is left by this Agreement to RECIPIENT, and (ii) any and all claims, and/or suits for labor and materials furnished by RECIPIENT or utilized in the performance of this Agreement or otherwise. This provision shall survive the termination or expiration of this Agreement, as applicable. RECIPIENT understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by the RECIPIENT throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 10. REVERSION Oli AS • Upon the expiration, termination, or cancellation of this Agreement, any unspent API Grant funds shall immediately revert to the possession and ownership of the CITY and RECIPIENT shall transfer to the CITY all unused API Grant funds at the time of such expiration, termination, or cancellation. 11. PEFAULT: If RECIPIENT fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon the occurrence of a default hereunder the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to RECIPIENT, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CITY to RECIPIENT while RECIPIENT was in default shall be immediately returned to the CITY. RECIPIENT understands and agrees that termination of this Agreement under this section shall not release RECIPIENT from any obligation accruing prior to the effective date of termination. Should RECIPIENT be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, RECIPIENT shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CITY in the procurement of the Services, including consequential and incidental damages. 12. CITY'S TERMINATION RIGHTS: The CITY shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to RECIPIENT at least five (5) business days prior to the effective date of such termination. In such event, the CITY shall pay to RECIPIENT compensation for services rendered and expenses incurred prior to the Page 5 City of Miami API Funding Agreement Martin Luther King Economic Development Corp effective date of termination. In no event shall the CITY be liable to RECIPIENT for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 13. REMEDIES FOR NONCOMPLIANCE: The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the RECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the RECIPIENT that any payment made in accordance with this Agreement to the RECIPIENT shall be made only if the RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default, the CITY shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever. If the RECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: (1) Temporarily withhold cash payments pending correction of the deficiency by the RECIPIENT, or such more severe enforcement action as the CITY determines is necessary orappropriate. (2) Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. (3) Wholly or partially suspend or terminate the current API Program Funds awarded to the RECIPIENT. (4) Withhold further API Program funding for the RECIPIENT. (5) Take all such other remedies that may be legally available. 14. MARKETING: RECIPIENT shall consult with the City Manager, or his or her designee, regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 15. JNSU A CE: The required Insurance, as approved by the City of Miami Department of Risk Management shall be provided by the RECIPIENT and all such proof shall be Page 6 City of Miami API Funding Agreement Martin Luther King Economic Development Corp attached as an Exhibit to this Agreement. Those entities/individuals required to be listed as additional insured by the Department of Risk Management shall be included on all insurance certificates and furnished by the RECIPIENT. RECIPIENT shall, at all times during the term hereof, maintain insurance coverage in accordance with Exhibit "E" attached and incorporated by this reference. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract. Execution of this Agreement is contingent upon the receipt of proper insurance documents. 16. NONDISCRJMIN TION: RECIPIENT represents and warrants to the City that RECIPIENT does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with RECIPIENT' s performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. RECIPIENT further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned by RECIPIENT, in whole or in part, without the prior written consent of the CITY, which may be withheld or conditioned, in the CITY'S sole discretion. 18. CERTIFICATIONS REQARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS: RECIPIENT certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local agency. b) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, been convicted of or had a civil judgement rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal Page 7 City of Miami API Funding Agreement Martin Luther King Economic Development Corp or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 16.b of this certification; and d) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the CITY and the CITY shall have the right to, in the CITY's sole discretion, to not enter into or terminate this Agreement. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. RECIPIENT Martin Luther King Economic Development Corp 6114 NW 7th Avenue Miami Fl 33127 Attn: Neree Dufirstson CITY City of Miami Office of Grants Administration 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Attn: Lillian Blondet, Director With copies to: Office of the City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33130 Attn: Victoria Mendez, City Attorney Page 8 City of Miami API Funding Agreement Martin Luther King Economic Development Corp 20. ?UBLTC RECORDS: Pursuant to the provisions of Section 119.0701. Florida Statutes, RECIPIENT must comply with the Florida public records laws, specifically the RECIPIENT must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter of the Florida Statutes or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the RECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2"D AVENUE, SUITE 945, MIAMI, FL 33130. 21. CONFLICT OF INTEt EST1 RECIPIENT has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions including, but not limited to: (a) the Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. 22. GOVERNING LAW VENUE. AND FEES; This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in Page 9 City of Miami API Funding Agreement Martin Luther King Economic Development Corp Miami -Dade County, Florida and the parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees. 23. WAIVER OF JURY TRIAL: Neither the RECIPIENT, nor any assignee, successor, heir or personal representative of the RECIPIENT, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the RECIPIENT, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions -hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 24. M!SCF,LLANEOUS'PROVISIONS: A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall control. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. Page 10 City of Miami API Funding Agreement Martin Luther King Economic Development Corp 25. NON-DELEGABILITY: The obligations undertaken by the RECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY'S prior written consent, which may be withheld in the CITY'S sole discretion. 26. $UCCESSGRS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 27. INDEPENDENT CONTRACTOR: RECIPIENT, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the civil service or pension programs of the CITY, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CITY. 28. NO TFIIRD-PARTY BENEFICIARY RIGHTS: No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 29. g:ONTINGENS``Y CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of allocated and available funds, reduction or discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30) days' notice. 30. RECIPIENT CERTIFICATION: The RECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the RECIPIENT'S governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the RECIPIENT to act in connection with this Agreement and to provide such information as may be requested. The aforementioned authorization for the RECIPIENT is attached and incorporated as Exhibit "G" 31. AUTHORITY: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such parry's obligations and the certifications hereunder have been duly authorized Page 11 City of Miami API Funding Agreement Martin Luther King Economic Development Corp and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. 32. CONSTRUCTION: Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 33. .ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and entire agreement between the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 34. COUNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. [Remainder intentionally left blank; Signature page to follow] Page 12 City of Miami API Funding Agreement Martin Luther King Economic Development Corp IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida By: ity Cl rk Date: Arthur 1 on -? V, City Manager D. te: --7 1 / a.Da. APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez Date: /28/22 City Attorney Matter ID: 22-1247 D.J.G. ATTEST: Print Name: Wd Slei A ace Title: (,)+Cc..0 A$ t4 APPROVED AS TO INSURANCE REQUIREMENTS: Gomez, Frank Digitally signed by Gomez, Frank Date: 2022.06.17 11:52:20 -04'00' i� Ann -Marie Sharpe, Director Date: Risk Management "RECIPIENT" Martin Luther King Economic Development Corp A Florida Not -For -Profit Corporation By: Print Name: Bwhvv-2D(a, Sunk o rvt r 1;Siq Title: &t.S1dw4 C b Page 13 ...... .. N Or. C. 1,fa. #,.it), (4• 2 partment of State / Division of Corporations / Srareh Re(ords / Searrh by r-Ei/EIN Number / Detail by FEI/EIN Number Florida Not For Profit Corporation MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION Filing Information Document Number 734428 FEI/EIN Number 59-2042422 Date Filed 11/25/1975 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/14/2017 Event Effective Date NONE Principal Address 6114 NW 7TH AVENUE MIAMI, FL 33127 Changed: 08/16/2004 Mailing Address 6114 NW 7TH AVENUE MIAMI, FL 33127 Changed: 02/04/2009 gegistered Agent Name &Adddress Neree, Dufirstson Julio, Esq. 6114 NW 7TH AVENUE MIAMI, FL 33127 Name Changed: 02/01/2022 Address Changed: 02/10/2012 OM `er/Director-Detail Name & Address Title CHAIR HARDEMON, BILLY 655NW 48thStreu Miami, FL33127 Title VICE CHAIR STEVVART,HELEN 5O0ONVY7thAvenue Ap.#30O Miami, FL33127 Title SECRETARY MCNBLAMINAM 102O8YV37Avenue Hollywood, FL3302O TideTREASURER Jennings, CleveU 14910South River Drive Miami, FL33107 Title PRESIDENT, CEO Neroe, DuOrstsooJulko. ESQ. 4OONVV52Street Miami, FL38i27 Title BOARD MEMBER FOROE.JASON 2121NVY1OOTerrace Miami Gardens, FL 33056 A_nnualReports Report Year 2021 2022 2022 Filed Date 04V1Q82O21 O1/11/2022 O&01/2O22 ����' ������'^�����'�� � � ���' ' ox�xnoo-�aewo�/�wwux��epo"� 01111ooey-xwt4oA.Rsp�OnT n�mzou -xwempwoANNUAL RcpVuT ow1»n�1-mvwo^LREPORT o�1w2ou-ANNUAL REPORT uu�u8oro-ANNUAL n�ponr v�°�a��por�n"a | '------------ vmw�o��Pormnnu i ____ ____________View image in PDF format v�w�o�mpop�nny / vww�u�mpopmnnat �w�a�m� m�e ----- ------- wowimage mPopm,mvt | 12/14/2017-.R;'nesidrnent View image in PDF format .07/2512017-Anlentlrnent View image in PDF format 01/30/2017--ANNUAL REPORT Oj1$,'2016 -ANNUAL REP 94/Z3/2015 --ANNUAL-REPORT 01108/2014 » ANNUAL REPORT 0. 9/2013 •- ANNUAL.REPORT 02/10/2012 •- ANNUAL REPORT 05/02/2011 -- ANNUAL REPORT. 03131/2010 -ANNUAL REPORT View image in PDF format 10 1 0 ANREPORT. View image in PDF format 01104/2000 -- ANNUAL REppF [ View image in PDF format 05 620011- ANNUALREPORT View image in PDF format 02/07/2007 -- ANNUAL REPORT View image in PDF format 0041292006 - ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF Format View image in PDF format View image in PDF format View image in PDF format 95j19/2005 -ANNUAL REPORT. View image in PDF format 06116/2004 -:-.ANNUAL REPORT View image in PDF format 10/162003 -ANNUAL REPORT View image in PDF format Q ft12�2 ANN 1Al, REPQRt' View image in PDF format 10/15/2001 -- Amendment View image in PDF format 05117/2001 •- ANNUAL REPORT View image in PDF format 013012000--- ANtItVfpLREPQar View image in PDF format 07/20/1999 --ANNUAL REPORT' View image in PDF format DEoi1 26 _-ANNUAL REPORT View image in PDF format 02/13/1997 -- ANNUAI REPORT View image in PDF forrnat 03/1411996 - ANNUAL REPORT, View image in PDF format ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT A - CITY OF MIAMI RESOLUTION i4att3 1101 Fi 11 • i City of Miami Legislation Resolution Enactment Number: R-22-0023 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11286 Final Action Date:1/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE WRITTEN FINDING OF THE CITY MANAGER, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FORTY SEVEN THOUSAND DOLLARS ($347,000.00) TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION IN SUPPORT OF THE KITCHEN INCUBATOR AND COMMUNITY DINING HALL PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") created the Anti -Poverty Initiative ("API") to address poverty based on a strategy of focusing the provision of support towards the City's residents achieving self-sufficiency; and WHEREAS, the Martin Luther King Economic Development Corporation ("MLKEDC"), a Florida not for profit corporation, is seeking funding in support of its Kitchen Incubator and Community Dining Hall Program ("Program"); and WHEREAS, the City's District Five Commissioner ("Commissioner") wishes to provide grant funds from the Commissioner's share of the City's API in an amount not to exceed three hundred forty seven thousand dollars ($347,000.00) ("Funds") for the Program which will aid the operation and education programs for food entrepreneurs and assist with the expenses associated with buying and maintaining a commercial kitchen by reducing the financial burden on local residents and families who have to rent banquet facilities; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a written finding, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Program; and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for the allocation of the Funds for the Program; NOW; THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the written finding of the City Manager, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Program and waiving the requirements for the procedures are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate the Funds from the Commissioner's share of the City's API to MLKEDC for the Program. Section 4. The City Manager is further authorized2 to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: dez, i y ttor ey 1/4/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT B — SCOPE OF WORK Insert Pages 2 & 3 from Anti -Poverty Funding Request Form City of Miami Anti -Poverty Initiative Program Funding Request Form ORGANIZATION AND PROGRAM/PROJECT INFORMATION Organization History and Background Information: MLKEDC is a non-profit organizationtha has provided programs and services to low-income families and underserved residents living in Liberty City, Model City, Little Haiti, and Wynwood since 1975. For instance, MLKEDC manages a community kitchen and dining hall promoting Black -owned food -based startups. Is your program/project providing direct services to residents of the City of Miami? Yes[ 1No[] Number of residents your entity will serve: Up to 5 Frequency of Service: Age Group Served: Year -Round Adults (18 over) Is your program/project impacting one of Miami's disadvantaged communities? Yes ❑✓ No Geographic Area Served (specific to this project/program) District Served (1, 2, 3, 4, 5, Citywide) District 5 Neighborhood/Community being served: District' 5 Program/Project Priority area (Select one): Educational Programs for children, youth and adults Crime Prevention -..� Elderly meals, transportation, recreational and health/wellness related activities At -risk youth or youth summer job programs 1/ Transportation services and programs Job development, retention and training programs Homeless Services L Food Distribution Lam. Essential supplies, during a State of Emergency, natural disaster, or economic crisis Page 2 of s Return this form to: mtrevino@miamigov.com (Last Revised May 15, 2020 City of Miami Anti -Poverty Initiative Program - Funding Request Form Program/Protect Title: MLK Kitchen Incubator & Community Banquet Hall Project/Program Description: This Project operates and converts an exisiting building owned by MLKEDC into a banquet hall that will be used for hospitality training and a space for MLK Kitchen Incubator participants to cater celebrations such as weddings, anniversaries, baby showers, fundrasiers, and graduations. Program Start Date: Feb. 1, 2022 Program End Date: Feb. 1, 2023 Please describe how this program/project and funding will alleviate poverty within the City of Miami? Project prti' ides commusn space far hospitality training; addresses: scarcity of ptiblie facilities and private venues; assists food -based entrepreneurs with expenses associated with buying and maintaining a commercial kitchen; reduces financial burden on local residents and families who have to rent banquet facilities outside District 5 area. IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures For this project/program: Sign -In Sheet for food -based entrepreneurs who attend seminars to improve entrepreneurial skills; Invoices for professional services related to bui Wont of community dining bail; Newsletter to showcase talent of MLK Kitchen Incubator participants who will provide service; Proof of graduation from kitchen incubator cohort program. See additional information attached. Please attach attritional pages to the back of this packet, if the space above is not siifflcient. Return this form to: ntrevino@miamigov.cnm (Last Revised May 15, 2020) MLKEDC Scope of Work: Kitchen Incubator UTILITY RELOCATION - Relocate existing electrical service as shown on permit plans - No other utility relocation work is included in this proposal DEMOLITION - Removal and disposal of existing entrance canopy, and slab on grade - Removal and disposal of existing interior partition walls - Removal and disposal of existing interior, and exterior doors - Removal and disposal of existing flooring (Le. — floor tiles, etc.) - Removal and disposal of existing electrical devices (i.e. — electrical pipes, etc.) - Removal and disposal of mechanical devices (i.e. — ductwork, etc.) - Removal and disposal of existing plumbing devices (i.e. -toilet, vanity, etc.) - Removal and disposal of all existing debris/trash - No other demolition work is included in this proposal PLUMBING - Furnish and install new ADA toilet(s), floor drains, vanities, wall hung lavatories, urinals, faucets, kitchen sink, tankless water heater, mop sink, and ancillary vent piping -Cut existing concrete slab to place new water and sewer pipes - No other plumbing work is included in this proposal MECHANICAL - Furnish and install two (2) new 12.5-ton hvac units, including ductwork, and thermostats - Furnish and install new exhaust fans - Furnish and install new refrigerant lines, and drain lines, etc. - No other mechanical work is included in this proposal ELECTRICAL - Furnish and install new Electrical Service and Panel Box (including all new interior wiring, piping, electric boxes, switches, plugs, smoke detectors, breakers, and interior electrical panels) - Furnish and install new Electrical Service and Panel Box (including all new meter can, pipe supports, main disconnect and associated piping from new interior electrical panels to new electrical service location) - Furnish and install new electrical service wires between new exterior meter assembly and new interior electrical panels - Furnish and install new exterior lights MLKEDC Scope of Work: Kitchen Incubator - Furnish and install new fire alarm system - No other electrical work is included in this proposal ROOF - Remove existing sections of roof to accommodate new a/c ductwork, exhaust vents, etc. - Repair roof sections after all mechanical improvements are completed - Furnish and install new prefabricated roof trusses, 2x12 wood rafters, sheathing, and new roof tiles - Furnish and install new paper, and tin caps, secondary water barrier - No other roof work is included in this proposal DRYWALL - Remove existing drywall as necessary to accommodate the new plumbing, electrical, and mechanical upgrades - Furnish, install, and finish new drywall on walls, and ceilings - Furnish and install new insulation, framing, and soffits as necessary - Furnish and install new acoustical ceiling - Furnish and install new fiberglass reinforced plastic (FRP) wall panels as necessary - Paint building interior, and exterior with colors to be determined by the Owner's Representative - No other drywall work is included in this proposal FLOORING - Remove existing flooring material (i.e. — tiles) - Furnish and install new floor and wall tiles as necessary - No other flooring work is included in this proposal CONCRETE - Remove existing concrete slab as necessary to accommodate the new plumbing, electrical, and mechanical upgrades as necessary - Restore concrete slab in areas disturbed - Finish existing concrete slab to match existing grade - Install new concrete slab in pergola, portico, and covered patio areas - Install new concrete footings, beams, and columns -Stucco existing building as necessary - No other concrete work is included in this proposal MLKEDC Scope of Work: Kitchen Incubator MASONRY - Remove existing concrete wall sections as necessary to accommodate the new exterior doors -Install new concrete parapet walls - Plaster new concrete block walls as shown on plans - No other masonry work is included in this proposal CARPENTRY - Furnish and install new interior doors, door trims, and wood baseboards - Furnish and install new wood cabinets, countertops, backsplash, and door handles per plans - No other carpentry work is included in this proposal WINDOWS AND DOORS - Furnish and install new impact windows, and exterior impact glass doors -Furnish and install new exterior impact metal doors - No other window and door work are included in this proposal CONSTRUCTION MANAGEMENT SERVICES -Assist Owner(s) with managing of sub -contractors - No other construction management services are included in this proposal A. Exclusions - Environmental services (i.e. — abatement, or remediation) -Security or police services - Permit fees - No other construction services not specified herein MLKEDC Community Banquet Hall Project Timeline The dates below are intended to provide a general overview of the timing of the construction cycle. These dates are estimates and will vary. Please use this as a general guide. Mili, y■`y■■■iiC'h' "Cry! ` ! e£ , ,.R+ estone Y } AY Y ■�I��, t'ry■■��///'�� 1 .inn } c xki efll.�■'1 I/N�e• ',nth t.. Viv .,t 1.it , i, .,+ t. !. 3 .`l1 ;£ 1 i T4 t ,iS i F ©ur4j, it n.:Q0.Jectx '!` Ye •:F4i _ . t. t ! 1l� : rti! M} 1 '(i L ry M1,.0# ne J�Re a_.. \ } _... Au ust 23, 2022 90 days Initial Building Permit September 23, 2022 120 days Final Building Permit October 23, 2022 120 days Roof Work Completion November 23, 2022 150 da s Plumbin• Work Completion December 23, 2022 180 da s HVAC Work Completion February 23, 2023 240 days Structural Work Completion May 23, 2023 365 days Construction Project Completion ANTI -POVERTY I1NITIATIVE FUNDING AGREEMENT EXHIBIT C — BUDGET Insert Page 4 from Anti -Poverty Funding Request Form City of Miami Anti -Poverty Initiative Program - Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $ 347,000 Explain how the City of Miami Anti -Poverty funding will be utilized: Operation and conversion of existing building; Education programs for food entrepreneurs; Professional services for design, architecture, and engineering; Build -out of community banquet hall ; Equipment for project facilities, Itemize API funding related to expenditures below: Personnel Salaries & Wages: $0 Personnel Benefits $0 Space Rental: .$.0 Utilities (Electricity, Phone, Internet): $0 Supplies: $0 Marketing: $d Transportation (Participants): $0 Meals (Participants): $P Professional Services (list each): $10,000 (business education) Other (please describe): $7,000 (insurance) Other (please describe): $8,000 (equipment) Other (please describe): $322,000.(banquet hall. buildouty 1:wg4 of 5 Return this form to: mtrevino@miamigov.com (Last Revised May 15, 2020) MLKEDC CO" munity Banquet Hail Project Budget LINE ITEM Utility Relocation Demolition Plumbing Mechanical Electrical Roof Drywall Flooring Concrete / Masonry Carpentry Windows / Doors Construction .Management AMOUNT $6,500 $13,800 $71,200 $100,000 $230,000 $60,000 $65,000 $35,000 $123,000 $30,000 $20,000 $7,500 Grand Total: $762,000 EQUIPMENT PURCHASE Steam Jacketed Kettle Vulcan K12ETT-712 Callon Tilting Electric Steam Jacketed Kettle - 12 kW, 208V Lem #: 90`Kt2ETT7 MFR /F K12ET` Floor Steamer Retail Price: $7,870.00 Cleveland (2) 22CET3.1 SteamChef 3 Double Deck 6 Pan Electric Floor Steamer - 208V, 1 Phase, 24 kW item #: 390222CE3318 MFR #: 2-22CET33.1208/1 Retail Price: $18,067.50 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" Public's Name API AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, an amount not to exceed Three Hundred Forty Seven $ 347,000 for the services provided pursuant to this AgreementThou.sand Dollars 2 Request for Payments should be submitted to the CITY in a form provided by the City and included in this Exhibit as Request for Payment Form. 3. The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 4. Schedule of payments to RECIPIENT will be as follows:. 2 Payments a. The payments will be made over 2 payments between January 13, 2022 and January 13, 2023. i. First payment of $294,950 will be paid upon execution of the API agreement. ii.. Retainage of 15% will be held until proof of completion is provided. The second payment of $50,050 will be paid once supporting documentation is provided, such. as, but not limited to: invoices and payments to the Contractor, proof of closed permits, Certificate of Use. 5. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any modifications thereto. Signed: STATE OF FLORIDA County of The foregoing instrument was acknowledged before me this by DaPiies sew 4'�.ieb-6 Date: Z14n+2b, �z2 , a Florida not -for -profit corporation, on behalfof the corporation. Ile/She is personally known to me or.ilas--p115 Isiclenti ion, -;; ELAINE H. BLACK MY COMMISSION # HH 067341 EXPIRES: March 25, 2025 Public Notary "�`°° °''' Bonded 1lwNota PubIttuo<1 ,oM J Signature . 2d2z Date: API Request for Payment Form �vvne(e, 2o22 Invoice Number:.20220606 Send to: City of Miami Office of Grants Administration 444 SW 2nd Ave., 5th Floor Miami, FL 33130 Program/Project Title: evq,16606 COMM tvtA te{- 141 Recipient's Name: Recipient's Address: UN MN' Z t' tiuwvl , Ft .33 j q I hereby request payment in the amount of $ ,2.1 g I for expenses 1:, be in relation to the City of Miami Anti -Poverty Initiative Activity/Program/Services provide below. Service Description Yes No Number of People Served Amount Job Training Services — — Utility Relocation Demolition Plumbing v Mechanical V Electrical Roof Ve Drywall Flooring Concrete Masonry Carpentry tr Windows and Doors Construction Management Services _tL ____ 2.1 TOTAL: $ '-i,�iSD.' , I certify that the Kitchen Incubator & Community Dining Hall was provided in accordance to the approved Construction Project as described in the API Funding Request Form and that expenses 4. be incurred in the provision of said Project. Authajzed Representative Signature tm, Zc) 22 Date 1es 116 v► v1iw h}eV,, i Type Name red ►dew / O O Title: ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT E - INSURANCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit S600,000 Personal and Adv. Injury $300,000 Products/Completed Operations $300,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage (if applicable) Combined Single Limit Each Claim General Aggregate Limit Retro Date Included $ 250,000 $ 250,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Ac c Rom.. MARTLUT-01 S ENDEZ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/OD/YYYY) 5/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C & C Insurance, Inc. 1921 NW 150 Ave, Suite 101 Pembroke Pines, FL 33028 INSURED Martin Luther King Economic Development Corp. 6114 Northwest 7th Avenue Miami, FL 33127 NAAIEACT PHONE , _Ext}: (954) 431.2Q08 Luc, wo►(954) 704-0507 Eewa ftif Ga AaDREss; QG ndcinsurance.com _ 'IN$URER(SI AFFORDING COVERAGE NAIC k INSURER A:PHILADELPHIA INSURANCE CO INSURER a :• INSURER C: ...._.. ....... .. . INSURER_D:. .... ... .... ........ ........ ........ ....... INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: VISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ........... INSR ADDL SUSR,. POLICY EFF . POLICY EXP ' TYPE OF INSURANCE INSD Vr4V POLICY NUMBER . MMIDD/YYYY1 ifillgalnYYYI LIMITS A X - COMMERCIAL GENERAL LIABILITYEACH CLAIMS -MADE X ; OCCUR X GEN'L AGGREGATE LIMIT APPLIES PER: .. .. POLICY'._._._ P� r-X ! LOC X . OTHER Professional Liability OCCURRENCE 'DAMAGE TO RENTED X PHPK2412155 5/4/2022 5/4/2023 pREMISEsaccCur[ary .. ,.$ :. MED.I P. (Ary OR,: ¢^sfln) S_... _... _ PERSONALE ADV INJURY . S ..:. i Gi NERA AGGREGATE, $ PRODUCTS.. COHPKIP ACG 5, ".. 1,000,000 $ 1,000,000 -IO O,OOO S,OOO 1,000 000 2,000,000 2,000,000 2,000,000 A AUTOMOBILE LIABILITY - • ': ANY AUTO X X PHPK2412155 5/4/2022 - 'OWNED ' SCHEDULED . ! AUTOS ONLY ' AUTOS . X : HIRED X NOON -OWNED A 7�b5 O>!!_Y :,.. „ A TOS ONLY ... • COMBINED SINGLE LIMIT .(Ea acaderd). -..._ _ ....... . 5/4/2023 aopiLY lNJti Y(Pe+persan1..._ _5 ...... ... - BODILY INJURY (per accident). $ . PROPERTY DAMAGE ' Par acadens $ - $ 1,000,000 UMBRELLA LIAR OCCUR : f EXCESS LIAR . ; CLAMS -MADE ' DED , : RETENTIONS _ EACH OCCURRENCE ............. . ;.AGGREGATE §...... $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOPARTNERIEXECUTIVE i Y / N RI : NH) NlA OFFICER/MEMBER EXCLUDED (Mandatory (Mandatory in NH) . it yes, describe under DESCRIPTION OF OPERA rtONS Belau . PER - OTH- F ..._STATUTE. ..... .. ER ,. _.. ._._.._....... E,L,,EACH ACCIpENT S_. _ _ ..._... , E.L, DISEASE, EA EMPLOYEE $.__.__.__ ' E.L. DISEASE • POLICY LIMIT $ .... ... . ... DESCRIPTION OF OPERATIONS i LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Additional Insured is on a Primary & Non -Contributory Basis CERTIFICATE HOLDER City of Miami 444 Southwest 2nd Avenue Miami, FL 33130 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE • ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD T. Sutherland, Malissa From: Sent: To: Cc: Subject: Dufirstson Neree <djneree@mlkmiami.com> Thursday, May 12, 2022 10:07 AM Gomez Jr., Francisco (Frank) Cathy Leach; T. Sutherland, Malissa; mark@atmfl.com; Steve Clein Re: Emailing: martin luther king - coi CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Gomez: This is to advise that MLKEDC has two full-time employees. Please let me know if you are in need of additional documentation related to Workers Comp requirements. I look forward to your reply. With kind regards, D.J. Neree, Esq, President/CEO, MLKEDC On Thu, May 12, 2022 at 6:55 AM Gomez Jr., Francisco (Frank) <FGomez@ miamigov.com> wrote:. Good morning Ms. Leach, Please amend the COI to include coverage for hired and non owned auto exposures, and list the City as an additional insured on a primary and non contributory basis. Any coverage for WC? Thanks, Frank Gomez, PIAM, CPIs Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-1760 Fax fgomez@miamigov.com "Serving, Enhancing, and Transforming our Community" Original Message From: Cathy Leach <cathvPcandcinsurance.com> Sent: Wednesday, May 11, 2022 3:38 PM To: djneree@mlkmiaMi.com; Gomez:Jr., Francisco (Frank) <FGorriei@miamigov.com>; T. Sutherland, Malissa 1 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT F - PROGRESS REPORTS & CLOSE-OUT REPORT The Close Out Report and Project Completion From must be completed at the end of the program. 1. Anti -Poverty Initiative Progress Reports 2. Anti -Poverty Initiative Project Completion Form 3. API Close -Out Report with supporting documentation, including but not limited to: a. Releases of Lien b. Closed Permits c. Certificate of Use d. Certificate of Occupancy EXHIBIT F ANTI -POVERTY INITIATIVE PROGRESS REPORT PROJECT TITLE• Kitchen Incubator and Community Dining Hall LEGAL NAME OF ORGANIZATION: Martin Luther King Economic Development Corporation REPORT PERIOD 7/1/22 - 12/31/22; 1/1/23 — 6/30/23; 7/1/23-12/31/23 Report a ue: (January 13, 2023) (July 14, 2023) (January 12,2024) WORK ACCOMPLISHED:: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: City of Miami Anti -Poverty Initiative Program Close -Out Report Date: Allocation Amount: Program/Project Title: Recipient's Name: Recipient's Address: Please provide the information in reference to all the services provided with the City of Miami Anti -Poverty Initiative: Program Start Date and End Date Program Name Kitchen Incubator and Community Dining Hall Description of Project/Activity/Service Job training and construction District where Project/Activity/Service were Provided District 5 Location of Project/Activity/Service (ie. Site, neighborhood, area) 6114 NW 7th Avenue, Miami FI 33127 Are the invoices /payments to the Contractor attached to this form? Is proof of construction project completion attached (e.g., Releases of Lien, Closed Permits, Certificate of Use, Certificate of Occupancy)? I certify that the Program/Service was provided in accordance to the City of Miami Anti -Poverty Initiative Program Guidelines Signature Date Type Name Title: Return to: City of Miami Office of Grants Administration 444 SW 2nd Ave., 5th Floor Miami, FL 33130 EXHIBIT F ANTI -POVERTY INITIATIVE Project Completion Form Legal Name of Organization: Martin Luther King Economic Development Corporation Project Title: _Kitchen Incubator and Community Dining Hall 1 hereby certify that the above referenced proj ect was completed in accordance with the Anti -Poverty Initiative (API) Agreement between the City of Miami and Martin Luther King. Economic Development Corp; dated , 20, and that all funds were expended in accordance with Exhibit "B", Scope of Work, and Exhibit "C", Budget, of the Project API Agreement. Project Liaison Name: Project Liaison Signature: Date: ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION CORPORATE RESOLUTION MLKEDC nonprofit corporation WHEREAS, , a Florida , desires to enter into a Agreement with the City of Miami, a copy of which is attached hereto; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Articles and By -Laws of the not -for -profit corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that Dufirstson Julio Neree are/is hereby authorized and instructed to enter into the Agreement and undertake the responsibilities and obligations as stated in such proposed Agreement in the name and on behalf of this corporation with the City of Miami upon terms and conditions contained in the proposed Agreement to which this resolution is attached. DATED this 26 day o fJanuary ATTEST: CORPORATE SECRETARY Print Name: AM i nE M M eM e+ , 2022 PRESIDENT Print Name: VtAfivbripT11,440' (CORPORATE SEAL)